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Resolution 04529RESOLUTION NO. 4529 A RESCLUTION OF THE CITY COUNCIL OFTHE] C!'1Y 017 AIZ11'1,,TZDA1 CALIFORNIA, FETITIONINa THE CONGRESS OF THE UNITED STATES TO ACT FAVORABLY UPON AND ADOPT BILL S. 940 OR H. R. K84 P Eq' N D i 1, T, G � I N T H T �,8 2 d, C 0. LN Z'11RE S S the several states, their grant en, and'othe rs acting pursuant to the authority granted by said states since July 4, 1776, or since the formation of said states and their admission to the Union, have exercised full powers of ownership of all lands beneath navigable waters within their respective boundaries and all natural resources, including fish and marine life within state lands and waters, and full control of said natural resources with the full acquiescence and approval of the United Staves, and in accordance with many pronouncements of the Supreme Court of the United States and decisions of the executive departments of the Federal Govnrnment that such lands and resources were vested in the respective states as an incident to state sovereignty, and the exercise of such powers of ownership and control has not in the past impaired or interfered with, and will not impair or interfere with, the exercise by the Federal Government of its constitutional powers in relation to said lands and navigable waters and to the control and regulation of commerce, navigation, national defense and international relations; and V, 1 -T11EH,,']AS11 t several states, their grantees and persons acting pursuant to said authority granted by said states, including many municipalities and public port authorities, have expended enormous sums of money on improving and reclaiming said lands and developing the natural resources in said lands and waters in full reliance upon the validity of their titles; and WHEQ'LS, in the cases of the United States vs. California, United States vs. Texas and Aited States vs. Louisiana, the Supreme Court of the United States held that the Federal. 7, ,,over,iunent is possessed of paramount rights in and full dominion and power over lands, minerals and other things underlying the so-called marginal sea, and thereby made a distinction between said so-called marginal sea on the one hand and bays, ports, harbors and other inland navigable waters on the other, and has refused to apply the marginal sea rules of ownership which it has heretofore applied to bays, ports, harbors and other inland waters, and held that the coastal states have no rights of ownership in the so-called marginal sea belt within their respective boundaries or the lands beneath it or reclaimed therefrom or the natural resources in said waters and lands; and WHEMAS, prior to said decisions it was juducially recognized that..the several states not only owned the tidelands and land beneath the bays, ports, harbors and othr inland naviw able waters within n their respective boundaries but also owned the lands beneath all navigable waters, including the so-called marginal sea belt within their respective boundaries, whether inland or not, and thst suchstateboundaries extended, at least, three miles seaward; and 1017F]REAS, in the government brief in the case of Onited States vs. California, the theory of state ownersh! ' p of lands beneath inland F avi7able waters is attacked as "erroneous". "unsound". "wrong", a "Mlacy' and a "legal fiction". and it is believed that the theory announced by the majority opinion of the Supreme Court in said case, as a basis for the decision rendered therein, can be equally applied to all lands underlying inland navi7able waters located in inland states as well as coastal states; and WEEHMAS, in said California case Er. justice Reed in dissenting, said: 'Thisownership in California would not interfere in anv Wal with the needs or rights of the United States in war or peace. The power of the United Statcs is'plenary over these undersea lands procisely as it is over every river, farm, mine, and factory of the nation"; M in said Texas caae Er. justice Reed and Yr. justice hinton, in dissenting, stated: "The necessity for the United States to defend the land and to handle international affairs is not enough to transfer property rights in the marginal sea from Texas to the United States. Federal sovereignty is paramount within national boundaries, but federal ownership depends on taking possession, as then he California case holds; on consent, as in the case of places for federal use: or on purchase, as in the case of Alaska or the Territory of louisiana. The needs of defense and foreign affairs alone cannot transfer ownership of an ocean bed from a state to tl-.LE,, 1'Pederal Goveriiment any nore than they could transfer iron one under uplands from state to federal ownership. National responsibility is no great -r in respect to the narginnal soa than it is toward every other particle of American territory 'RE"MIA31 ;he decisions of the Supreme Court of the United States rendered in 'Cnited States vs. California, United States vs.Texas and United States vs. Louisiana, to7eth9p with subsequent pending proceedings in said California case place in jeopardy the ownership, use, development and control of said tide- lands and submerged lands' togv; her with the vast improvementsth constructed ereon; and the theory of "paramount powers" announced by said court as a basis for the decisions in said cases constitutes a most serious precedent that may be used by the Rederal Gov,rrm,ent in the seizure of property rights without just compensation guaranteed by the provisions of the Fifth Amendment to the Federal Constitution; and 17TRIMASS the Supreme Court of the United States, in its decision of United States vs. California, recognized that the question of ownership and control of said submerged lands and natural resources the reir is a legislative matter in that the court stated: 'We have said that the constitutional power of Congress in this respect is without limitation ...... Thus neither the Courts nor the executive agencies, could proceed ccntragr to an Act of Congress in this congressional area of national powert and that Congress will not execute its powers "in such a way as to bring about injustices to states, their subdivisions or persons acting pursuant to their permission"; and REEFEAS, in said decisions, the United States Supreme Court, although hold` no that the Yederal govt rrment has paramount ri7hts in and power over the Marginal sea belt", hKo. ever, it did not hold that the Yederal 3overnnent is the owner thereof, and it is desirable and in the public interests that Ccngress of the United States shall exercise its constitutional powers in accordance and not adve-sely to the heretofore recognized state ownershin of such waters and the lands beneath them: and WHEMAS, there is pending in the 82d Congress of the United States S. 940, entitled, "A W11 To confirm and establish. the title of the States to lards beneath navigable waters within State boundaries and naturAl resources within such lands and waters and to provide for the use and control of said lands and resources", and H. R. 4?84, entitled, "A BILL To Confirm and establish the titles of the States to lands '.a heath navigable waters within State boundaries and to the natural re- sources within such lands and waters, to provide for the use and control of said lands and resources, and to provide Car the use, control, exploration, development, and cons orvatiCara of certain resources of the continental shelf lying outside of State boundaries", and under the provisions of each of said bills, the United States would recognize, confirn, establish'and vest in the respective States, their Frantees and successors in interest, title, ownership and control of all lands beneath navigable wateiz within the boundaries of such states and in and to all natural resources within such lands and waters; and to approve and confirm the boundaries of the several coastal states as extending, at least, three geographical miles Feaward of the coast line and outside inland waters, and the boundaries of the several states on the !root Inkes to extend to the international boundaries of the United States; and WhEMS, a nefarious campaign to disseminate false and misleading propaganda relating to the issues, facts, rights, equities and justice supportin''g the basis and reasons for the onactnant of the above referr9d to legislation into law, has been ana is now underway for the avowed purpose of influencing public opinion and members of Congress in such a manner is to bring about the defeat of the enactment of said legislation, NIJV 7, BE 1 r BY TEDE, COU,CIL OF 7JEE, CITY OF AInti MEDA as follows: Section 1. The City of Alameda, by and through its City Council, does hereby petition the Congress of the United States to act favorably upon and adopt S. 040 cr H. R. 4484, pending in the Eighty-second Congress, or similar legislation, designed to accompKsh the objects and purposes aforesaid. Section 2. That the Congress of the United States is urged to reject and defeat any legislation,which by its provisions will authorize and Federal department or ale ncy to grant leases on or exercise any proprietary right in or, to the aforesaid lands lying beneath navigable waters within the boundaries of the states, or in and to the natural resources within such aands and waters. Section 3. ''-,,'hat the City Attorney bo, and he is horeby, authorized to presert to the members of Congress and the ap;ropriate committees thereof all mattertn ers nient tv o faorabe n ana laction upod doption by ConEress of S 940 or H. R. 4454, and/or similar legislation, and in opposition to any legislation authorizing any Federal department or agency to grant leases on or exercise any proprietary right in or to lands beneath na-vigable waters within the boundaries of the states or in and to the natural resources withir such lands and waters. M 2 2 7 Section 4. That each 1-evislative body of the various states, county nts and municipalities, an the officials of each thereof, public port it?ZlITZ-Ies, boards of education, charters of commerce, and civic bodies and organizations interested in the preservation of our constitutional form of government are hereby requested to actively support favorable action upon said legislation and take all appropriate and proper measures as shall assuis the adoption of said legislation by the Congress of the United States. Section 5. The City Clerk shall certify to the passage of this reso- lution by the City Council of the City of Alameda, and it shall thereupon take effect. I$ the undersigned, hereby certify that the foregoing Re"olution was duly and regularly introduced and adopted by the Council of the City of Alameda in rogular meeting assembled on the 15th day of January, 1952, by the foKowing vote l to wit: AYES: Councilmen Anderson, Branschold, Jones, Sweeney and President Osborn, (5). NOES: None. ABSENT: None. !Y TITNESS WHEREOF, i have hereunto set my hand and affixed the official. seal of said City this It day of January, 1952. (SEAL) SHIRLEY H. TENNIFE, City Clerk of the City of Alameda I hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 45291 A RESCLUTiON OF CITY COUM"Cii, 0].1',�1 C OF' AIJMNqT,,1'DA,,1 CALIFORNIA, PEUTIGNING ME COUGRESS OF THE UnITED STATES TO UT ALVORABLY UPON AND ADOPT BILL S. 940 OR H. R. 4484 FENDINS IT,! T11E 82d CONGHESS", lntroOuced and adopted by the Council on the 15th day of January, 1052 City Clerk of the City of Alameda